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Nicole_Filipina posted a topic in IMBRA Special TopicsPlease Please help me out! We are really confused about this matter! I am about to have my interview soon and my fiance (the USC Petitioner) has a criminal record which is felony... The record was breaking and entering with a deadly weapon and robbery... It was filed by his ex wife against him but then he wasnt charged Domestic Violence so we didnt click the YES on the I-129f and we didnt submit his criminal records thinking we dont fall under those that are listed in IMBRA category since it's only Breaking & Entering with deadly weapon and Robbery and bothe were not listed there... And now as we read about domestic violence definition, it says: The term "domestic violence" includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction. So, our question is.... did his case still fall under Domestic Violence since it is a felony case filed by his ex wife? If so, will we be in trouble by not disclosing it and will we be denied because of it? We are really worried about it. Hope we knew earlier so we could have just sent them his criminal records and disclosed it... i feel so bad about this. My fiancee is a really good man and he's not even guilty about the charges and he was just set up by his crazy ex wife... he could have fought with it in the court for him not to be convicted but he pleaded guilty and paid the fine just for them to release him from jail and so he can get back to work fast and provide for his kids and his mom. Coz if he stays in the jail for a longer time while the trial is ongoing, then his family might have nothing to eat and cant pay the rent and the bills... This is really getting us down. Please help us out with your answers...
I have read through 90% of this and can't find the best answer for myself... I have a lengthy criminal record dating 18 yrs back. Probably about 20 marijuana convictions, 2 DUIs and 2 assault domestic violence convictions. I know it looks bad and it certainly feels bad and embarrassing but I also know who I am and where I am in life now. I'm a single parent with full custody of my kids and run a successful business so my past is my past. My question or huge concern is about the i-129 form and approval chances. I have been completely honest about my past lifestyle and convictions with my fiancé so I'm not worried about her being shocked or what not. Is it worth me applying for the i-129 or should we just marry and do the i-130?
Hi All! First of I want to thank everyone for making this page so amazing with being such an active community. It has been my resource through most of my trying to understand this process of getting my fiance over to the USA. So here is my situation, my fiance is native to Jamaica, but when he was in his early twenties, he was not leading the best of lives, and he got caught and convicted with a felony gun possession and intent to discharge the firearm in Canada where he was living with his mother. His family did not have the money to get him an attorney and so he only had a public defender, and although they were trying to pin more charges on him because of the company he was keeping, he was only charged with the gun felonies but they automatically have a mandatory minimum prison sentence allotted to such crimes . He did receive 5 years in prison, and after his stay, he was deported back to Jamaica. This was over 15 years ago. He has changed around his life, and has had no brushes with the law since then, but I know that this criminal history can be a huge red flag for immigration. My question to everyone here, is I have contacted attorneys, and the prices that they are throwing at me are pretty steep, not that I am against paying it, but they are saying that they won't even know if he will need any waiver until the interview process but yet they want over $3500 just for their legal fee to try to represent us for the K-1 process and then if needed, that big lump of money will cover the waiver process to show undue hardship. I was trying to decide though what would be the damage or harm to our case, if we were to complete the K-1 process on our own, following the guides here, and then only if we are denied, which I know the odds are pretty high that we will be, then I can fork over the $$$$ to the attorneys to take on the visa waiver case. Furthermore, if we are denied, I plan on getting married to him and then applying for the spousal immigration visa with the waiver, since I know that the process with the visa waiver can take over a year, and I really do not want to wait that long to get to say I do. ..... am I just being silly in even thinking to try to do the K-1 visa process with his criminal history being what it is? Do I just need to pay the money and realize that if I want to get married this year, I will need to just focus on doing the Cr-1 visa and visa waiver?? Any and all help or advice from you folks will be most appreciated! Thanks!